AJAY KUMAR PATNAIK Vs. JAWAHAR LAL NEHRU UNIVERSITY

JUDGEMENT

(1.) The petitioner who has superannuated from the respondent University as a Professor of School of International Studies, has approached this Court seeking quashing of order dtd. 17/5/2022 issued by the respondent, whereby the petitioner has been informed that his terminal benefits are not being released due to non- submission of his travel documents in relation to the visits, abroad made by him during his tenure of service.

(2.) Learned counsel for the petitioner submits that the petitioner, having retired without any disciplinary action initiated against him at any stage, his terminal benefits could not have been withheld by the respondent and that too on the ground of non-submission of his travel documents. He contends that no such direction to the petitioner to furnish his travel documents at this belated stage could be issued. In any event, in case, the respondent was of the view that the petitioner had not followed any guidelines or directions while in service, it was open for the respondent to initiate any action against the petitioner as per the applicable rules. Once it is an admitted position that the respondent has till date, not initiated any disciplinary action against the petitioner, it cannot be allowed to withhold his terminal benefits.

(3.) In support of his plea, he relies on decision dtd. 23/11/2020 of a Coordinate Bench of this Court in W.P.(C) 10619/2019, Kunal Chakrabarti vs. Jawahar Lal Nehru University, wherein this Court had held that that the right to withhold pension, arises only if a government servant is found guilty of grave misconduct or negligence during the period of his service. He therefore prays that the respondent be directed to forthwith release the terminal benefits of the petitioner alongwith interest @18% p.a.